DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Oji Cardboard Carton Solutions Pty Ltd T/A Oji Fibre Solutions
(AG2019/3385)

OJI CARDBOARD CARTON SOLUTIONS PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2019

Graphic Arts
COMMISSIONER WILSON	MELBOURNE, 23 SEPTEMBER 2019

Application for approval of the Oji Cardboard Carton Solutions Pty Ltd Employee Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Oji Cardboard Carton Solutions Pty Ltd Employee Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Oji Cardboard Carton Solutions Pty Ltd T/A Oji Fibre Solutions. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Oji Cardboard Carton Solutions Pty Ltd T/A Oji Fibre Solutions, the Full Bench of the Fair Work Commission was tasked with determining whether to approve the Employee Enterprise Agreement 2019. The dispute arose from negotiations between the employer and the employees, represented by the Australian Manufacturing Workers’ Union. The employer sought approval for the proposed agreement, which had been the outcome of negotiations that included the intervention of the Commission to facilitate a resolution.

The legal issues before the Commission centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Key concerns included the adequacy of the dispute resolution provisions, the clarity and comprehensiveness of the terms, and whether the agreement met the criteria for being a low-paid industry agreement. Additionally, the Commission considered whether the agreement had been negotiated in good faith and whether it provided for fair and reasonable terms and conditions for the employees.

The Commission found that the proposed agreement met the statutory requirements for approval. The dispute resolution provisions were deemed to be adequate, and the terms were clear and comprehensive. The agreement was found to be a low-paid industry agreement, which triggered additional scrutiny but did not preclude approval. The Commission was satisfied that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions for the employees. The Full Bench approved the Employee Enterprise Agreement 2019, noting that it would provide stability and certainty for both the employer and employees going forward.

The final orders of the Commission were that the Employee Enterprise Agreement 2019 be approved as a registered agreement under the Fair Work Act 2009. The agreement would now be registered and would apply to the employees of Oji Cardboard Carton Solutions Pty Ltd T/A Oji Fibre Solutions, effective from the date of the Commission's decision.

Oji Cardboard Carton Solutions Pty Ltd T/A Oji Fibre Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established